Casinos are big business in Florida. Florida has more than 80 casinos, largely owned by Native American Tribes or operated at horseracing or greyhound facilities. More than 50 casinos are located in South Florida, and all but 10 of the state’s casinos are located south of Orlando.
Casinos share injury risks common to many businesses, from Disney World to your local big-box store, but there are some risks unique to the gambling industry. However, injury claims against casinos are often complicated by the protected legal status of Native American Tribes. Consulting an experienced Miami casino injury attorney will help best determine how to pursue a personal injury claim.
Injury Claims Against Florida Casinos
Many of Florida’s casinos are operated by Native American tribes on Indian Reservations. These include:
- The Miccosukee Resort and Gaming Center in Miami
- Seminole Casino Immokalee
- Seminole Hard Rock Hotel and Casino in Hollywood
- Seminole Classic Casino in Hollywood
- Seminole Casino Big Cypress in Clewiston
- Seminole Casino Coconut Creek in Broward County.
Gaming on Florida Indian Reservations generates more than $2.5 billion annually, according to Casino City’s Indian Gaming Industry Report. Florida ranks third in the nation for Indian casino revenue, behind California ($8.4 billion) and Oklahoma ($4.4 billion).
Casinos are not usually within state or federal jurisdiction. Choosing a Miami casino accident lawyer with experience pursuing injury claims against Indian reservations or other sovereign entities will best enable you to obtain the compensation you deserve.
Injuries at casinos operated on Native American land can be particularly complex because as sovereign lands by federal law, they are autonomous territories within their own right. That means they are subject to their own laws, rules, police forces and court systems. Such casinos are also not typically answerable to federal, state or local laws, but instead, are governed by a Native American Tribal Council.
Florida law also allows gaming under pari-mutuel gaming rules. These facilities are known under the law as Racinos and are typically operated at dog or horseracing facilities, including Flagler Dog Track and Magic City Casino in Miami, Gulfstream Park Racing and Casino in Hallandale and Hialeah Park Race Track in Miami-Dade County.
Our personal injury lawyers in Miami are experienced with casino injury cases and handling claims such as yours.
Documenting your accident or injuries is the best thing you can do after a casino accident in South Florida. Pictures, police reports, and eyewitnesses can all be critical to proving your case.
The complexities of these types of claims mean injury victims should not gamble when it comes to choosing a casino injury attorney in Miami. Finding an experienced personal injury law firm in Miami will best identify all responsible parties and determine your legal rights.
Casino Injury Claims in South Florida
Most injury claims that occur on business property in Miami are pursued as a premises liability claim under state law, although federal or tribal law may apply, as we’ve discussed. In general, the most common types of claims, and the legal elements of causation, legal liability, and damages, remain the same. Florida law identifies most business patrons as “invitees” under the law. Invitees are owed the highest duty of care.
- Premises Liability claims: These types of claims allege a customer suffered compensable injury because of a dangerous condition that existed for sufficient time to be discovered and remedied, and of which they were not warned.
- Slip and fall: These are the most common type of premises liability claim. S. 768.0755 covers premises liability claims for transitory foreign substances in a business establishment. Victims must prove a business establishment had actual or constructive knowledge of a dangerous condition and should have taken steps to remedy it or warn of it.
- Restaurant injuries: Falls are common in restaurants but so is food poisoning, which can have serious and even life-threatening medical consequences. These types of claims are more common in cases where a business’ primary focus is not food service, such as casinos or hotels.
- Negligent security: Theft and assault are known risks at casinos, more so than in many other types of businesses. Whether organized robberies or thugs who troll casinos looking for easy victims, casinos know the risks exist and are therefore obligated to do more to protect guests.
- Hotel Injuries: Hotel injuries include other common types of premises liability claims, but also swimming pool accidents and personal assault.
Most injury claims require a victim to prove one or more defendants owed a duty of care, and violation of that duty resulted in compensable injuries. Proving causation, identifying all responsible parties, and determining the full extent of injuries and other compensable damages will best allow you to pursue a comprehensive personal injury claim, whether in state or federal court or against a tribal or sovereign entity.
If you’ve been injured, call the Miami personal injury lawyers at the Flagler Personal Injury Group at 305-424-8445 for a free and confidential consultation to discuss your rights.